General Terms and Conditions for Use of Lookdiary Services by Consumers and Other Private Users (Status: 05.10.2016)

Scope of validity

These general terms of use govern the use of services (hereinafter: ‘services’) offered by Lookdiary Limited via the Internet, mobile devices, telephone or other telemedia/telecommunications to consumers or other private users (hereinafter: ‘user’ or ‘you’).

Any differing, complementary or contradictory terms and conditions issued by the user are not valid, even if Lookdiary carries out services without reservation in the knowledge of these terms without contesting them.

Contractual Relationships, Registration Conditions, Registration, Changes to Terms of Use

The user must be fully legally competent, or act with the consent of their legal representative.

The contract is personally restricted to the user and is non-transferable. Irrespective of the fulfillment of legal duties of information, Lookdiary will not save contractual provisions for the user.

Unless otherwise agreed, Lookdiary may change or cease services at any time. It may be necessary for the user to set up a Lookdiary account in order to use certain products.

To register, the user requires a valid email address as well as a password. The user is obliged to protect their access information from unauthorized access and to prevent access to their account by third parties. Each natural or legal person or association of individuals may only operate one user account. The user is obliged to make true and complete entries when registering, and to update these during the contract period. The user agrees that Lookdiary will communicate with them by use of their user account and/ or the provided email address.

Unless otherwise agreed, the contractual agreement, including the user account, can be terminated by either side with a notice period of 4 weeks. Each party’s legal right to terminate without notice for an important reason remains unaffected.

Terms of use can be altered by Lookdiary at any time, (i) as long as the user grants either express or implied agreement, or (ii) consent is considered granted according to the following requirements. Intended changes to the terms of use are to be provided in writing to the user at least six weeks before their application. If the user does not contest the changes in writing within six weeks, consent will be considered granted, and the changes will become an effective part of the contract at the time previously communicated. The user will be reminded of this process when being informed of the change.

User Obligations, Prohibited Conduct, Explanations of User Content

The user is obliged to use the services offered by Lookdiary in a manner that does not violate these terms of use or any applicable law, and that does not infringe upon third party rights.

Unless otherwise agreed with Lookdiary, the use of Lookdiary services is only permitted for private, non-commercial purposes.

When using Lookdiary services, the following is prohibited:

The use of robots, spiders, scrapers or any other automated means of access to the website for any purpose,

taking measures that would put unreasonable or disproportionate pressure on Lookdiary’s technical infrastructure;

implementing operations to monitor or copy the content within Lookdiary services;

employing a device, software or programming that impairs or attempts to impair the functioning of Lookdiary services;

advertising within Lookdiary services, for your own or for another’s purposes, without express written permission from Lookdiary in advance – including advertising competitions or discounts, and inviting persons to take part in competitions;

copying, editing or manipulating vouchers without permission. Lookdiary reserves the right to forward relevant information to the partner and initiate legal proceedings in the case of reasonable suspicion.

impersonating another person within Lookdiary services, e.g. a representative of Lookdiary or a person responsible for the service in some way, or implying a relationship to some such person that does not exist;

otherwise providing incorrect or false information to Lookdiary or third parties, including fake email addresses;

saving, publishing and/or distributing content you do not have the rights to;

harassing, insulting, threatening, defaming, causing unreasonable inconvenience in any way to, or claiming or spreading untrue claims regarding anyone – be it a natural or legal person or a company.

collecting, saving or distributing personal information about other users, if permission has not been expressly given by the affected parties and Lookdiary;

offering legal advice, or publishing content that could be understood as legal advice.

The user hereby transfers to Lookdiary the non-exclusive, transferable and sub-licensable, royalty-free, worldwide and temporally unlimited (i.e. the rights extend beyond the duration of the contract) right to use, reproduce and make publicly available – also in edited or translated form – all information provided by the user (e.g. texts, images, images of persons) for the purposes of carrying out the contract and/or for Lookdiary services, without requiring consent from third parties or payment to third parties. This right of use applies to Lookdiary´s own channels (= Lookdiary domains, Lookdiary app) as well as to Lookdiary cooperation partners (= third-part-providers, that are linking to or marketing the Lookdiary-channels); together = Lookdiary network”.

The user guarantees that the information they provided (e.g. in reviews) and their use of Lookdiary in accordance with their contract, do not violate any third party rights (e.g. copyright, brand or personal rights), and that Lookdiary may use these – without the need for consent from third parties or payment to third parties – within the realms outlined above. Furthermore, the user guarantees their possession of permission for all persons in any photos (privacy rights), as well as the right to use photos or other copyright-protected works without needing to name the photographer or copyright holder.

The user holds harmless Lookdiary (including their employees, staff, representatives, shareholders and other vicarious agents) from any third party claims and shall compensate Lookdiary or any other named persons for damages or necessary expenses arising from claims caused by the user’s breach of their contractual guarantees or duties. This also includes reasonable lawyer and court fees.

Reviews

In certain cases, Lookdiary services allow the user to submit a review about a establishment listed on Lookdiary (e.g. after a reservation made through the reservation function or after redeeming a Lookdiary voucher).

The reservation can be positive, neutral or negative, based on the user’s decision and not influenced by Lookdiary. The review may not violate the relevant rules outlined in the terms of use, or any applicable law.

submitting multiple reviews: Each user can only submit one review per establishment visit;

Own reviews: Establishments listed in Lookdiary services may not submit reviews or have others submit reviews for their own business, either via the owner, staff or any other method;

reviews submitted by third parties in exchange for compensation, service in return or any other undertaking, regardless of whether the review is positive or negative;

comparative reviews i.e. reviews that reference or draw attention to another establishment;

reviews that could violate third party rights if published (e.g. personal rights, privacy, copyright or trademark law).

Lookdiary may check and monitor reviews and other user content
(i) at its own discretion before publishing,
(ii) after publishing based on complaints from partners or third parties. Lookdiary has the right – but is not obliged – to publish reviews submitted by users. Lookdiary reserves the right to refuse to publish, or to delete after publishing, certain reviews or parts of reviews that violate these terms and conditions.

As outlined in section 3 of these general terms of use, the user grants Lookdiary any rights of use for the potentially legally protected content of any submitted reviews that may be necessary to carry out Lookdiary services, but remains solely responsible for their reviews and is the owner of any content rights relating to the review. This right of use applies to Lookdiary´s own channels (= Lookdiary domains, Lookdiary app) as well as to Lookdiary cooperation partners (= third-part-providers, that are linking to or marketing the Lookdiary-channels); together = Lookdiary network”.

Without prejudice to other rights, Lookdiary reserves the right to deactivate the review function and/or other Lookdiary services for a user if the user violates the relevant terms of these conditions of use or fails to uphold any applicable law several times when submitting reviews, despite being warned.

Reservations, Reservation Functions

The user can make online reservations via the Lookdiary reservation network (e.g. Lookdiary services, Lookdiary Portal, Lookdiary Affiliates Network etc.) at Establishments that take part in the Lookdiary reservation system (hereinafter: ‘partner’). The reservation is agreed exclusively between the partner and the user under mediation by Lookdiary, whereby Lookdiary does not act as a representative, but only as a messenger.

The Lookdiary reservation function is a Lookdiary service provided free of charge to the user. Part of the reservation function is an automatic check of the partner’s expected available capacity at the time of the desired reservation. This expected available capacity is calculated at the time of the user’s request, and is based on saved settings, existing reservations and other partner settings. The partner is exclusively responsible for maintaining and keeping their settings up to date. Outside the technical functioning of the Lookdiary reservation service, Lookdiary accepts no risk for availability or the success of reservations with the partner chosen by the user.

The reservation contract is subject to the user’s successful payment of the selected treatment to Lookdiary (hereinafter: ‘booking’). Lookdiary will show their acceptance implicitly, e.g by sending the voucher to the user via email and making it available in the user’s user account.

With the booking, Lookdiary guarantees to provide the user with the claim to be provided the treatment outlined in the booking confirmation email, subject if applicable, to the partner’s general terms and conditions. This guarantee includes the continued survival of rights for the provided claim, and the claim’s freedom from third party rights and obligations at the time of the voucher sale. (guarantee of the survival of rights)

The provision of the service booked is solely owed by the partner. Lookdiary assumes no guarantee for the proper delivery of the partner’s services. This exclusion includes the partner’s creditworthiness and ability to perform. (no guarantee of redemption)

Lookdiary’s offers are aimed at consumers for private use only. The user is not permitted to use the treatments’ reservations for commercial or professional purposes, especially commercial trade or other commercial or professional use of any booking (e.g. for competitions, raffles, auctions or otherwise free distribution for marketing purposes), unless otherwise agreed in a written agreement between Lookdiary and the user. Besides, bookings are transferable.

Lookdiary will inform the user via email in case of changes in the booking. An invitation to review the partner will be sent via email within 7 days after the reservation.

If unable to honour a reservation, the user has to cancel as soon as possible – 24 hours before the reservation at the latest, unless otherwise agreed with the partner as part of their cancellation terms. To cancel, the user write an email to contact@lookdiary.com.hk. The user is eligible for a refund only if the cancellation order has been sent 24hours before the reservation.

Voucher Purchase

Subject of Contract

Within Lookdiary services, Lookdiary may offer users the chance to purchase vouchers for services and/or non-cash benefits (hereinafter: ‘partner services’) from Establishments and/or other businesses on Lookdiary’s own account and in Lookdiary’s own name. The subject of voucher sales is the sale of the right to be provided the credit outlined to be used in Lookdiary’s network. The partner – not Lookdiary – is the exclusive user’s contractual partner for the service booked with the voucher credit. Lookdiary’s duty within the framework of the voucher sale is, therefore, limited to making available the claim against the partner for the provision of the service booked with the voucher credit in accordance with the voucher conditions outlined on the voucher and, if applicable, with the partner’s general terms and conditions of use. Lookdiary reserves the right to establish and/or change individual conditions such as the purchasing period and the number of vouchers offered for sale. Notes concerning the legal right of withdrawal for consumers can be found in the withdrawal section, and in the withdrawal form (see at the end of this document).

The partner where the service is booked with the voucher credit is the user’s contractual partner for service booked. The partner provides this service based on a contract with the user arising from the user redeeming the voucher. The contract may be subject to the partner’s general terms and conditions, if applicable. The voucher sale contract between Lookdiary and the user is a purchase of rights relating to the user’s option right to be provided a partner service based on a contract between the user and the partner. Lookdiary is therefore not responsible for providing the partner service.

The vouchers sold by Lookdiary refer to, for example, a certain credit to be used in any of Lookdiary’s partners network, based on the conditions defined in the voucher description (hereinafter: ‘voucher conditions’). The voucher conditions may outline, for example, in which time period the voucher can be redeemed via the partner (hereinafter: ‘validity period’) and whether there are conditions or limitations (e.g. limited capacity during different possible redemption times within the validity period). Lookdiary is to recommend to the user the time of the service, insofar as necessary according to the voucher conditions. The voucher conditions are available on the voucher.

Contract conclusion

The voucher purchase contract is subject to the user’s successful payment of the voucher price to Lookdiary. Lookdiary will show their acceptance implicitly, e.g by sending the voucher to the user via email.

If the voucher cannot be provided within the purchase period due to unforeseen reasons, Lookdiary shall not accept the user’s purchase so that there is no voucher purchase contract. The affected user will be informed via email. Any payment already provided by the affected user will be refunded by Lookdiary immediately.

Lookdiary’s voucher offers are aimed at consumers for private use only. The user is not permitted to use vouchers for commercial or professional purposes, especially commercial trade or other commercial or professional use of vouchers (e.g. for competitions, raffles, auctions or otherwise free distribution for marketing purposes), unless otherwise agreed in a written agreement between Lookdiary and the user. Besides, vouchers are transferable.

Conditions of Guarantee

With the voucher sale, Lookdiary guarantees to provide the user with the claim to be provided the credit outlined on the voucher, subject to the voucher conditions and, if applicable, to the partner’s general terms and conditions. This guarantee includes the continued survival of rights for the provided claim, and the claim’s freedom from third party rights and obligations at the time of the voucher sale. (guarantee of the survival of rights)

The provision of the service booked with the voucher credit is solely owed by the partner. Lookdiary assumes no guarantee for the proper delivery of the partner’s services. This exclusion includes the partner’s creditworthiness and ability to perform. (no guarantee of redemption)

Conditions for Redeeming and Returning

The purchased and paid voucher is sent to the user’s email address.

To redeem the voucher, the user must send the voucher code to credit@lookdiary.com.hk. All vouchers have 1 unique voucher code.

The purchased voucher must be redeemed by sending the email within the validity period stated on the voucher. Any unused expired vouchers cannot be exchanged; there is no entitlement to a reimbursement of the voucher purchase price.

Unless otherwise agreed, the credit outlined on the voucher may only be received once by the user from Lookdiary. If the voucher owner does not make use of the voucher value in full, there is no entitlement to a refund, credit or any other compensation of residual value.

If you have any questions concerning Lookdiary voucher sales or voucher conditions, or if you have any complaints or comments, our service team will be happy to hear from you. You can contact us via telephone: (00852) 8198 2490, or email: credit@lookdiary.com.hk

Loyalty Point Programme

Subject of Contract

Lookdiary operates a loyalty point programme, whereby loyalty points can be collected via certain activities and be redeemed depending on certain conditions into vouchers. Each registered user has the chance to take part in this Lookdiary loyalty point programme, in accordance with (i) these terms and conditions and (ii) the specific conditions for collecting and redeeming loyalty points for certain activities (e.g. making a reservation via the Lookdiary reservation network, buying a voucher, submitting a review, recommending us to a new user).

In addition to the provisions of these general terms of use, Lookdiary shall also outline the conditions for, and the required number of, loyalty points as well as the prize voucher, and the conditions for redeeming collected points (especially the required number of points) in the relevant entries and dialogues within Lookdiary services. These may change at any time, but applicable shall be the conditions and the offer at the time of the user activity that acquired loyalty points, or at the time of redeeming loyalty points.

In this way, Lookdiary may require that a user must reach a certain points threshold (e.g. 1000) or status, or fulfill a certain condition (e.g. successfully submitting a review) before being permitted to redeem their points for prizes.

If loyalty points are awarded for a reservation, these points may only be acquired if the user (i) made the reservation through the Lookdiary network and (ii) successfully executes the reservation. If the cancels the reservation or does not execute the reservation for any other reason, the loyalty points will not be awarded.

If loyalty points are awarded for the purchase of a voucher, these points may only be acquired if the user (i) purchases the voucher via the Lookdiary website or mobile app and (ii) pays for the voucher. If the user exercises his legal right of withdrawal, or the voucher has no validity because of any other reason not involving Lookdiary’s fault, the loyalty points will not be awarded.

Users can view their current loyalty points status in their user account on the website. Lookdiary can also inform users via the email newsletter. The prize voucher conditions of these general terms and conditions shall apply as appropriate.

Collected loyalty points may only be redeemed via Lookdiary for prizes offered by Lookdiary for this purpose (e.g. Lookdiary vouchers). There is no other exchange or cash alternative. Loyalty points are bound to one user and cannot be sold or otherwise transferred to third parties without permission from Lookdiary.

Any collected loyalty points shall expire if not redeemed within 36 months. This expiration depends on the date of receipt, i.e. loyalty points received earlier shall expire earlier (first in, first out). Points will also expire if a user account is terminated (section 2.5), deactivated (sections 4.6) or if the contract between Lookdiary and the user is ended effectively in any other way.

Lookdiary has the right to discontinue the loyalty points programme. After discontinuation, users may not collect any new loyalty points. Any already collected loyalty points shall remain valid for 12 months, if not expiring earlier due to No. 7.8.

The user is solely responsible for any possible and/or existing tax obligations arising from the user’s participation in the loyalty points programme.

Lookdiary Liability, No Liability for Information

Lookdiary will only accept liability for user damages arising from the following within the realms of the contract: (1) intent or gross negligence by Lookdiary or Lookdiary’s legal representatives or vicarious agents, (2) injury to life, body or health caused by breach of duty by Lookdiary or Lookdiary’s legal representatives or vicarious agents, (3) fraudulent misrepresentation or assumption of a guarantee, in the case of liability according to the Product Liability Act, and (4) a breach of duty that would prevent the contract from being properly fulfilled, and on whose fulfillment the user regularly relies and may rely (cardinal obligation).

Lookdiary’s liability in cases (1), (2) and (3) above is unlimited. Besides, any claims for damages are limited to contract-typical, foreseeable damages.

In other cases than the ones mentioned in paragraph 1, and without prejudice to the following paragraph, Lookdiary’s liability is excluded – regardless of the legal grounds.

The above liability limitations apply to all Lookdiary institutions, employees and vicarious agents. This does not alter the legal burden of proof.

Unless otherwise agreed with the user, Lookdiary does not guarantee that the information concerning Establishments listed in Lookdiary services, or other businesses, is correct or up to date (e.g. addresses and other contact information, prices and facilities/services, opening times, review content, links and content on any linked sites).

Availability/Service Level

The yearly service availability is 97%, with the exception of reasonable, customary maintenance work, to be announced in advance, as well as force majeure or any other circumstances not arising from Lookdiary’s fault. Availability is the ratio of actual time (AT) to target time (TT): Availability(%)=(AT/TT) *100 Actual time (AT) is the time period where the service is actually available on the data centre’s router output.

Applicable Law, No Additional Agreements, Place of Fulfillment, Place of Jurisdiction

The laws of Hong Kong shall apply, excluding the UN Sales Convention. There are no verbal or written ancillary agreements.

If any provision in these terms of use becomes partially or completely unenforceable, the rest of the contract shall remain unaffected.

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